Title 13, Title 13: Crimes and Criminal Procedure

§ 4907. Service of criminal process returnable in Massachusetts (a) Jurisdiction to serve criminal process returnable to a court in the commonwealth of Massachusetts is hereby given to officers who, by the laws of such commonwealth, may serve such process, over a building situate…

§ 4908. Powers of officers from another state A sheriff, deputy sheriff, constable, or other officer or justice of a neighboring state, with his or her assistants, in the execution of any lawful process issuing from and returnable to a court in such state, may pass through this S…

§ 4909. Impeding officers of other states If a person assaults or obstructs an officer or his or her assistants passing through this State in the execution of any warrant or like process, he or she shall be liable to the same punishment as for assaulting or obstructing an officer…

§ 4910. Receiving person from officer of another state A sheriff shall receive a person charged with crime, delivered to him or her by an officer of another state having a warrant from proper authority for delivering the person, and shall take him or her forthwith before a distri…

§ 4941. Definitions The word “Governor,” as used in this subchapter, shall include any person performing the functions of Governor by authority of the law of this State. The words “executive authority” shall include the Governor, and any person performing the functions of governo…

§ 4942. Duty of Governor Subject to the qualifications of this subchapter, and the provisions of the constitution of the United States controlling, and acts of Congress in pursuance thereof, it is the duty of the Governor of this State to have arrested and delivered up to the exe…

§ 4943. Form of demand (a) A demand for the extradition of a person charged with crime in another state shall not be recognized by the Governor unless in writing alleging, except in cases arising under section 4946 of this title, that the accused was present in the demanding stat…

§ 4944. Investigation When a demand shall be made upon the Governor by the executive authority of another state for the surrender of a person so charged with crime, the Governor may call upon the Attorney General or any prosecuting officer in this State to investigate or assist i…

§ 4945. Extradition of persons imprisoned or awaiting trial in another state or who have left the demanding state under compulsion (a) When it is desired to have returned to this State a person charged in this State with a crime, and such person is imprisoned or is held under cri…

§ 4946. Extradition of person not in demanding state at time crime committed The Governor of this State may also surrender, on demand of the executive authority of any other state, any person in this State who is charged in such other state in the manner provided in section 4943 …

§ 4947. Governor to issue warrant If the Governor shall decide that the demand should be complied with, he or she shall issue a warrant of arrest, that shall be sealed with the State Seal, and be directed to any sheriff, constable, or other person whom he or she may think fit to …

§ 4948. Manner and place of executing warrant Such warrant shall authorize the officer or other person to whom directed to arrest the accused at any place where he or she may be found within the State and to command the aid of all sheriffs and other peace officers in the executio…

§ 4949. Authority of arresting officer Such officer or other person empowered to make the arrest shall have the same authority in arresting the accused to command assistance therein, as sheriffs and other officers have by law in the execution of any criminal process directed to t…

§ 4950. Rights of accused person; application for writ of habeas corpus A person arrested upon such warrant shall not be delivered over to the agent whom the executive authority demanding him or her shall have appointed to receive him or her unless he or she shall first be taken …

§ 4951. Penalty for noncompliance An officer who shall deliver a person in his or her custody under the Governor’s warrant to the agent for extradition of the demanding state in disobedience of section 4950 of this title shall be imprisoned not more than six months or fined not m…

§ 4952. Confinement in jail when necessary (a) The officer or person executing the Governor’s warrant of arrest, or the agent of the demanding state to whom the prisoner may have been delivered, may, when necessary, confine the prisoner in the jail of any county or city through w…

§ 4953. Arrest prior to requisition Whenever any person within this State shall be charged on the oath of any credible person before any judge or magistrate of this State with the commission of any crime in any other state, and, except in cases arising under section 4946 of this …

§ 4954. Arrest without a warrant The arrest of a person may be lawfully made by an officer or a private citizen without a warrant upon reasonable information that the accused stands charged in the courts of another state with a crime punishable by death or imprisonment for a term…

§ 4955. Commitment to await extradition; bail If upon examination it appears that the person held is the person charged with having committed the crime alleged and that the person probably committed the crime, and, except in cases arising under section 4946 of this title, that th…

§ 4956. Bail when ordered Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, the judge or magistrate shall admit the person arrested to bail by bond or und…

§ 4957. Extending time of commitment If the accused is not arrested under warrant of the Governor by the expiration of the time specified in the warrant, bond, or undertaking, such judge may discharge or recommit the accused for a further period not to exceed 30 days, or may agai…

§ 4958. Forfeiture of bail If the prisoner is admitted to bail, and fails to appear and surrender himself or herself according to the condition of his or her bond, the court, by proper order, shall declare the bond forfeited and order his or her immediate arrest without warrant i…

§ 4959. Persons under prosecution in this State at time of requisition If a criminal prosecution has been instituted against such person under the laws of this state and is still pending, the governor in his or her discretion either may surrender him or her on the demand of the e…

§ 4960. Guilt or innocence of accused not in issue The guilt or innocence of the accused as to the crime of which he or she is charged may not be inquired into by the Governor or in any proceeding after the demand for extradition accompanied by a charge of crime in legal form as …

§ 4961. Governor may recall or reissue warrant The Governor may recall his or her warrant of arrest, or may issue another warrant when he or she deems proper.

§ 4962. Fugitives from this State; duty of governors Whenever the Governor of this State shall demand a person charged with crime or with escaping from confinement or breaking the terms of his or her bail, probation or parole in this State from the chief executive of any other st…

§ 4963. Manner of applying for requisition (a) When the return to this State of a person charged with a crime in this State is required, the State’s Attorney of the county in which the offense is committed, or the Attorney General shall present to the Governor his or her written …

§ 4964. Immunity from civil process A person brought into this State on, or after waiver of, extradition based on a criminal charge shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal proceeding to answer that he or s…

§ 4965. No immunity from other criminal prosecutions After a person has been brought back to this State upon, or after waiver of, extradition proceedings, he or she may be tried in this State for other crimes that he or she may be charged with having committed in this State, as w…

§ 4966. Payment of expenses In proceedings under the preceding sections of this subchapter, the complainant shall pay the actual costs and charges and for the support in jail of a person committed thereunder at the rate of $4.00 a week and shall advance the money therefor from ti…

§ 4967. Written waiver of extradition proceedings (a)(1) Any person arrested in this State charged with having committed any crime in another state or alleged to have escaped from confinement or broken the terms of bail, probation, or parole may waive the issuance and service of …

§ 4968. Nonwaiver by this State Nothing contained in this subchapter shall be deemed to constitute a waiver by this state of its right, power or privilege to try such demanded person for crime committed within this State, or of its right, power or privilege to regain custody of s…

§ 4969. Uniform interpretation This subchapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states that enact it.

§ 4970. Legally protected health care activity exception Notwithstanding any other provision in this chapter to the contrary, except as required by federal law, the Governor shall not surrender a person charged in another state as a result of engaging in legally protected health …

§ 5041. Definition The term “fresh pursuit” as used in this subchapter shall include fresh pursuit as defined by the common law, and also the pursuit of a person who has committed a felony or who is reasonably suspected of having committed a felony or who is reasonably suspected …

§ 5042. Powers of law enforcement officers Any member of a duly organized state, county, or municipal law enforcement unit of another state of the United States who enters this State in fresh pursuit, and continues within this State in such fresh pursuit, of a person in order to …

§ 5043. Hearing, commitment, discharge (a) If an arrest is made in this State by an officer of another state in accordance with the provisions of section 5042 of this title, the officer, without unnecessary delay, shall take the person arrested before a Superior judge of the unit…

§ 5044. Construction and separability Section 5042 of this title shall not be construed so as to make unlawful any arrest in this State that would otherwise be lawful. For the purpose of this subchapter the word “state” shall include the District of Columbia. If any part of this …

§ 5045. Short title; interpretation This subchapter may be cited as the Uniform Act on Fresh Pursuit and shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the states that enact it.